Madras High Court
The Authorised Officer vs The Sub Registrar on 13 May, 2021
W.P.No.11723/2021
Order dated 13.05.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.05.2021
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
AND
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.No.11723/2021 & WMP.Nos.12482 & 12484 /2021
[Video Conferencing]
The Authorised Officer,
Tamilnad Mercantile Bank Ltd.,
Dr.Nanjappa Road Branch,
364, Dr.Nanjappa Road,
Coimbatore – 641 018.
.. Petitioner
Versus
1.The Sub Registrar
Kinathukadavu, Coimbatore District.
2.NDR Distribution Centers Private Limited
Represented by its Authorised Signatory Mr.N.Srinivasan,
No.54, 'B' Block, 102, Vinayaka Plastic Street,
Pallavan Nagar, Maduravoyal,
Chennai – 600 095.
.. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of
India praying to issue a writ of certiorarified mandamus calling for the
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1
W.P.No.11723/2021
Order dated 13.05.2021
records relating to the order passed by the 1st Respondent in Na.Ka.No.78
of 2021 dated 29.04.2021 quash the same and direct the 1st respondent to
register the Sale Certificate/Deed in respect of the Schedule mentioned
properties in favour the 2nd Respondent consequent to his successful
bidding in the Public Auction conducted on 26.04.2021 by the petitioner
subject to fulfilment of the terms and conditions of auction notification
within a specified time frame.
For Petitioner : Mr.V.Chandrasekaran
For R1 : Mrs.A.Srijayanthi,
Special Government Pleader.
For R2 : Mr.S.Vignesh
ORDER
(1) Heard the submissions of the learned counsel for the petitioner ;
Mrs.A.Srijayanthi, learned Special Government Pleader accepting
notice on behalf of the 1st respondent and Mr.S.Vignesh, learned
Standing counsel accepting notice on behalf of the 2nd respondent.
(2) The petitioner is the Authorised Officer of the Tamil Nadu
Mercantile Bank Limited.
(3) The present writ petition has been filed in the nature of a
certiorarified mandamus, calling for the records of the 1st
respondent/Sub Registrar, Kinathukadavu in Coimbatore District,
in Na.Ka.No.78/2021 dated 29.04.2021 and to interfere with the
same.
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W.P.No.11723/2021
Order dated 13.05.2021
(4) It is stated that the petitioner herein, after following due process,
had brought an auction of the land measuring 0.74 acres, which
has been mortgaged in favour of the petitioner by due process and
it has been mentioned that necessary provisions under the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, had been complied
with and requirements which are stipulated, had been followed.
Notices had been issued and thereafter, finally, the 2nd respondent /
NDR Distribution Centre Private Limited, had come forward to
purchase the said property for a total value of Rs.17 Crores. 25%
of the bid amount has also been deposited as contemplated among
the terms in the auction. There was an attachment in the
Encumbrance Certificate showing attachment by the Sub Court,
Muvattupuzha in Kerala in IA.No.390/2019 in OS.No.21/2019 and
the said Attachment Order was dated 25.06.2019. This has also
been informed to the 1st respondent. Holding that as a bar, the 1 st
respondent had refused registration of the Deed, conveying the
property in favour of the 2nd respondent.
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W.P.No.11723/2021
Order dated 13.05.2021
(5) The learned counsel for the petitioner relies on a string of
judgments passed by this Court in similar matters.
(6) We would draw instructions from the judgment of the Full Bench
of this Court in a batch of writ petitions in WP.No.2675/2008
batch – The Assistant Commissioner [CT], Anna Salai, III
Assessment Circle V. The Indian Overseas Bank and Others,
wherein the Full Bench of this Court had directed, notwithstanding
such an encumbrance, an obligation is cast on the Sub Registrar to
register the document irrespective of any other aspects, but only to
examine whether the document has been properly stamped and
whether it is a document for registration and if those conditions are
satisfied, then the Sub Registrar should register the document and
thereafter, objections or any other aspects can be examined.
(7) Placing reliance on the said judgment, which had been consistently
followed by Coordinate Benches of this Court, the order
complained of / impugned herein, dated 27.04.2021 is set aside
and the 1st respondent is directed to act in accordance with law and
in accordance with the principles laid down by this Court.
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W.P.No.11723/2021
Order dated 13.05.2021
(8) The writ petition stands allowed accordingly. No costs.
Consequently, the connected miscellaneous petitions are closed.
[CVKJ] [KRJ]
13.05.2021
AP
Internet:Yes
To
The Sub Registrar
Kinathukadavu, Coimbatore District.
https://www.mhc.tn.gov.in/judis/
W.P.No.11723/2021
Order dated 13.05.2021
C.V.KARTHIKEYAN, J.,
AND
KRISHNAN RAMASAMY, J.,
AP/SMV
W.P.No.11723/2021
13.05.2021
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